Jury to decide Foster's fate

Published 1:00 am, Friday, April 28, 2006

WATERBURY - Jurors deciding the fate of a New Milford man accused of killing a 13-year-old girl in 1997 began their first day of deliberations Thursday.

A panel of 12 men and women considering whether 29-year-old
Keith Foster
was involved in the death of
Maryann Measles
started official deliberations at about 2:15 p.m. They will return to
Superior Court
today at 10 a.m.

At about 4 p.m. Thursday, the jurors passed a note to Judge
Thomas O'Keefe
asking to take home the notebooks they have been taking notes in during the trial.

The judge said "no" because that could lead to them talking about the case at home, something they are not supposed to do.

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"It's a temptation to talk about the case out of court and that's not good," O'Keefe told them.

The jurors also asked if they could look at evidence while others were on the official break. The judge said that they could look at the evidence but could not talk about it unless all 12 jurors were together.

On Wednesday, when the prosecutor and defense attorney gave their closing arguments in the murder trail of Keith Foster, their versions of the truth could not have been further apart.

Prosecutor
David Shepack
asked the jury to consider the evidence against Foster carefully. He said Foster's friends, who were with him at the murder of 13-year-old Maryann Measles, testified against him. He said the motive was there, and so was Foster.

His opponent in the trial, defense attorney
Don O'Brien
, said the state's case against Foster is a pack of lies told by people who have everything to gain by lying.

Shepack said in his closing argument Wednesday that evidence in the two-month trial points to Foster either being a principal in Measles' murder or an abettor of the crime.

"You can believe the witnesses in whole, in part, or not at all," Shepack said.

Shepack said Foster had a very strong reason for wanting to silence Measles. When Measles went to the
New Milford Police Department
on several occasions between Oct. 9 and Oct. 17, 1997, she either filed complaints of rape or planned to file such complaints against him and others. Two days later she was gone.

Shepack reminded the jury that pressure was building on Foster before the murder. Measles' mother, Cindi Measles, confronted Foster shortly before her daughter's disappearance, saying if Foster didn't stay away from Maryann, Cindi would take away his freedom.

"She makes it clear to Mr. Foster there will be consequences to him," Shepack said.

Police said Measles was murdered on the night of Oct. 19 on River Road in New Milford by eight people who wanted to silence her. Police said Measles was beaten, raped and was drowned. Her body was found nine months later floating in Lake Lillinonah.

Six of the suspects in the murder have pleaded guilty already. One person is awaiting trial. Foster's jury will get its final instructions today.

Five people already convicted in this crime testified against Foster in this trial.

O'Brien said each one wanted the state to cut his or her prison sentence, so they cooperated with the state to encourage an earlier release.

"Think about these five violent killers," O'Brien said. "They have no credibility. Five times nothing is nothing. They told the police what the police wanted to hear. There is a catalog of lies in this case."

O'Brien went through statement after statement by the five convicted felons and pointed out when they later admitted they lied or they were caught in a lie. He mentioned several times in his closing statement that they are all convicted felons.

"They want to get early parole. They want to get an extra chicken wing at dinner. They want a good job in the prison gym," O'Brien said. "What do the police hear? 'Sure, I'll help you. What do you want to hear?'"

Before the jury began deliberating Thursday, the judge gave them instructions on the law and the 10 charges they will have to consider.

Foster faces one felony murder charge, two counts of murder, three counts of kidnapping in the first-degree, one count of conspiracy to commit kidnapping in the first-degree, first-degree sexual assault, tampering with a witness and a charge of tampering with physical evidence.